Intoxicated Consent in Rape: Bree and Juror Decision-Making

The article examines the recent Court of Appeal judgment in Bree, in which the court considered the guidance that should be given to a jury when the complainant is intoxicated at the time of an alleged rape. As well as analysing the reasoning of the court in Bree, the judgment is placed in context by examining factors, such as social attitudes, that influence juror decision-making in rape cases. It also examines the suggestion made by the court in Bree that further law reform in this area would represent 'patronising interference' in the lives of women.     

Towards a Contextual Definition of Rape: Consent,Coercion and Constructive Force

This paper considers ‘consent-based’ and ‘coercion-based’ models of defining rape. It argues that the ability of these models to adequately protect against violations of sexual autonomy is dependent on their engagement with the broader circumstances within which sexual choices are made. Following an analysis of both models it is argued that attempts to contextualise consent and coercion are often undermined by evaluative framings that encourage scrutiny of the complainant's actions at the expense of engagement with the broader circumstances. This is particularly problematic where rape occurs as a result of non-violent coercion and the victim does not verbally or physically demonstrate their lack of consent. The paper draws on United States military law and argues that the doctrine of constructive force, which has been used to deal with non-violent coercion in these contexts, has the potential to progressively reshape our contextual and evaluative framings in domestic contexts.     

Marital Rape: Is the Crime Taken Seriously Without Co-occurring Physical Abuse?

This vignette study was conducted to determine how observers' beliefs about marital rape are altered by the knowledge of a prior history of husband-to- wife physical violence. Participants (n = 50 college students) read three different marital rape situations; in one situation the husband had been physically violent in the past; in another he had not. In the third situation, participants were not given any information about the physical abuse history between the spouses. As expected, participants blamed the victim most for the marital rape and minimized the seriousness of the rape when they had been told that there was not a prior history of husband-to-wife physical abuse. These findings suggest that observers use a physical violence history to establish the coercion needed to determine that marital rape had occurred. The legal implications of these findings are discussed.     

Conditional Consent

Law and Philosophy - There are two distinct ways for someone to place conditions on their morally valid consent. The first is to place conditions on the moral scope of their consent—whereby...     

Spheres of Consent

ABSTRACT

Literature about the vulnerability of female prisoners and the ineffectiveness of sexual assault reform laws is used to explain how the sexual abuse and exploitation of Hawaii's female prisoners became a chronic problem. It is argued that similar problems exist in other states and that the social status of inmate sexual assault victims is not an adequate explanation for an apparent lack of law enforcement. Recommendations for research, staff training, policy development, and political action are included.     

Consent in escrow

Disasters such as flash flooding, mass shootings, and train and airplane accidents involving large numbers of victims produce significant opportunity for research in the biosciences. This opportunity exists in the extreme tails of life events, however, during which decisions about life and death, valuing and foregoing, speed and patience, trust and distrust, are tested simultaneously and abundantly. The press and urgency of these scenarios may also challenge the ability of researchers to comprehensively deliver information about the purposes of a study, risks, benefits, and alternatives. Under these circumstances, we argue that acquiring consent for the immediate use of data that are not time sensitive represents a gap in the protection of human study participants. In response, we offer a two-tiered model of consent that allows for data collected in real-time to be held in escrow until the acute post-disaster window has closed. Such a model not only respects the fundamental tenet of consent in research, but also enables such research to take place in an ethically defensible manner.     

告知后同意规则的法律构造

在具有侵袭性的医疗行为中,医师负有告知义务,以患者得以了解的语言,告知病人病情、治疗方案、各方案可能的的风险,以及不治疗的后果等。告知义务的履行应采取理性患者的标准。告知义务也有例外。医师违反告知后同意义务并非直接侵害了患者的健康权,而是侵害了患者的自我决定权或自我决定法益,它将可能进一步引起对患者健康权的侵害,造成患者人身损害。     

无隐私即无自由——现代情景下的个人隐私保护

隐私权是现代文明的奢侈品.隐私权从无到有,隐私权话语的背后到底蕴藏着现代人的生存困境.科学技术、大众传媒、公共权力、消费主义文化使现代社会的个人隐私濒于死亡.隐私权旨在合理划分公共领域与私人生活,保障私生活自由.隐私权的实质是私生活的自由权.     

Rape Victim Advocates' Knowledge and Insight on Rape Laws

Abstract

Although previous literature details the successes and failures of reforms of rape laws designed to better support and protect victims, there is a lack of research on rape victim advocates' knowledge of and views about rape laws. It is essential that we understand advocates' level of legal knowledge because they may be the first or only source of legal information for victims. Based on analysis of interviews with 58 rape victim advocates serving six rape crisis centers in four East coast states, this article explores advocates' knowledge about rape laws, possible reasons for limited knowledge, and perceptions about various laws that aim to protect rape victims. This research suggests that although advocates have a somewhat limited grasp of laws intended to aid rape victims, they have an overall negative view of the legal system.     

医院未征得患者同意使用自费药纠纷初探——从社会法“倾斜保护”理论的视角出发

在基本医疗保险制度施行中,医保定点医院未征得患者同意使用自费药的行为构成对患者的一般侵权或侵权违约的竞合;针对医患双方实质地位的不平等,应运用民法及有关社会法的“倾斜保护”理论处理自费药纠纷且应授权执法者考虑个案的具体情况,决定医患双方间如何分担自费药费用,以实现公平正义的法律追求及维护医保患者的利益。